EXCHANGE 


m^m^^^^^f^r^ 


AN  ACT 


OF  THE 


LEGISLATURE  OF  ALABAMA 


CREATING  A 


COMMISSION  FORM 

OF 

GOVERNMENT 

WITH  FIVE 
COMMISSIONERS 

UNDER  WHICH  THE 

CITY  OF  BIRMINGHAM 

IS  NOW  ORGANIZED 

APPROVED  SEPTEMBER  5,  1915 

BIRMINGHAM.  ALABAMA 


Digitized  by  the  Internet  Archive 
L^  in  2007  with  funding  from 
WVIicrosoft  Corporation 


http://www.archive.org/details/actlegislateOOalabrich 


AN  ACT 


OF  THE 

LEGISLATURE  OF  ALABAMA 

CREATING  A 

COMMISSION  FORM 

OF 

GOVERNMENT 

WITH  FIVE 
COMMISSIONERS 

UNDER  WHICH  THE 

CITY  OF  BIRMINGHAM 

IS  NOW  ORGANIZED 

APPROVED  SEPTEMBER  5,  1915 

BIRMINGHAM,  ALABAMA 


INDEX 


Age   limit   16 

Audit  of  books  to  be  made 20 

Board,  meeting  of 12 

Board,  name  of   7 

Books  to  be  audited  __ • 20 

Bribe,  penalties  for  offering 20 

Campaign,  statement  of  expenses..  19 

Candidates,  regulations  15 

Certificate  of  election 5 

Cities  to  which  act  applies 3 

Commission  of  Five  Members 10 

Commissioner  for  each  department  11 

Commissioners,  term  of 6 

Commissioners  not  to  be  interested 

in  contracts   • 19 

Commissioners,  election  of 4 

Contracts    19 

Departments  described 11 

Duties  of  President 12 

Election,  certificate  of .     5 

Elections  governed  by  general  elec- 
tion laws f> 

Election  of  two  commissioners 4 

Election  of   Commissioners   6 

Election  expenses  limited 21 

Election,  notice  of . 4 

Election,  reguladons  as  to 9 

Election,  special,  to  be  held 3 

Election,  second ^ 5 

Election  must  be  called 14 

Eligibility,  oath  as  to 17 

Employes,  how  selected 18 

Employes,  salary  of 11 

Employes  not  to  take  part  in  elec- 
tions     . 20 

Exemptions    15 

Expenses,  statement  of  campaign..  19 

Five  departments  described  .^ 11 

Five  members,  commission  of 10 

Form  of  Petition  16 

Form  of  statement  15 

Former  rights  and  obligations  con- 
tinued     10 

Franchise  ordinances,  special  reg- 
ulations on  . 14 

General  election  laws  govern  elec- 
tions        5 

General  laws  applicable 21 

Health  laws ^^-^^ *_  12 

Initiative  '-'^i.]. \'  $ 


Laws,  general,  to  apply • 21 

Majority  of  votes  must  be  received     5 
Meetings  to  be  held  every  Tuesday  12 

Name  of  Board 7 

Notice  of  election  _.• 4 

Oath  as  to  eligibility 17 

Oath  of  Commissioners 7 

Ordinances,  petition  on  proposed..     8 
Ordinances,   proposed  to  be   pub- 
lished     10 

Ordinances,  proposed  to  be  in  writ- 
ing   . 12 

Paid  solicitors  prohibited  .. 21 

Papers  recorded.  21 

Penalties  for  offering  bribe 20 

Petition  to  be  filed  with  clerk 8 

Petition,  form  of 16 

Petition  on  proposed  ordinance...     8 

Petitions,  who  shall  sign 22 

Petitions,  Probate  Judge  shall  cer- 
tify     . 22 

Petitions  to  be  submitted  to  board     9 
Politics:  city  employes  restrained-  20 

Powers,  etc.,  of  Commissioners 7 

Powers 5 

President 6 

President,  duties  of 12 

President  pro  tem 14 

Proceedings  must  be  published 20 

Public  meetings  every  Tuesday...  12 

Recall    17 

Records   18 

Regulations  as  to  candidates 15 

Regulations  as  to  elections 9 

Results  to  be  declared •     4 

Returns  to  be  canvassed 5 

Ri2:hts  and  obligations   continued-  10 

Salaries   fixed    18 

Salary  limit  for  employes 11 

Second   election   5 

Separate  ballots  4 

Solicitors,  paid,  prohibited 21 

Special  elections  to  be  held 3 

Statement  of  campaign  expenses..  19 

Term  ... 6 

Terms,  board  to  fill  unexpired 17 

Term   of  Commissioners 6 

Term  of  office 4 

\%cancies,  how  filled 22 

Vacancy,  board  to  fill 18 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


AN  ACT 


To  provide  for  the  government  by  a  commission  of  all  cities  in 
Alabama  whicb  now  have,  or  which  may  hereafter  have, 
a  population  of  one  hundred  thousand  people,  or  more, 
according  to  the  last  Federal  census,  or  any  such  census 
which  may  hereafter  be  taken,  when  such  cities  by  an  elec- 
tion adopt  the  provisions  of  this  act;  to  provide  for  the 
selection  and  election  of  commissioners  and  their  terms  of 
office;  to  fix  their  powers,  duties  and  compensation;  to  pun- 
ish improper  conduct  in  connection  with  the  election  of 
said  commissioners,  and  to  otherwise  provide  for  Tne  cre- 
ation, conduct  and  maintenance  of  said  commission  form  of 
government,  and  to  repeal  all  laws  and  parts  of  laws  in 
conflict  with  the  provisions  of  this  act. 


Be  it  enacted  by  the  Legislature  of  Alabama: 

Section  1.  That  all  cities  of  the  State  of  Alabama 
which  now  have  a  population  of  one  hundred  thou- 
sand people,  or  more,  according  to  the  last  Federal 
census,  or  which  may  hereafter  have  such  population, 
according  to  any  such  census  that  may  be  taken  here- 
after, shall  become  organized,  and  shall  be  conducted 
under  the  commission  form  of  government,  according 
to  the  terms  of  this  act,  provided  that  the  qualified 
voters  of  such  a  city  shall  at  an  election  held  as  here- 
inafter provided,  elect  to  be  governed  according  to  the 
terms  of  this  act. 

Sec.  2.  That  the  election  commission  of  every 
city  in  this  State  now  having  one  hundred  thousand 
population,  or  more,  according  to  the  last  Federal  cen- 
sus, shall  hold  a  special  election  in  such  city  or  cities,  on 
the  second  Monday  in  October,  1915,  after  the  passage 
of  this  act,  and  such  election  commission  shall  hold 
a  special  election  on  the  second  Monday  in  October 
of  any  year,  when  it  shall  be  determined  by  a  Federal 
census  that  any  other  city  or  cities  in  the  State  of  Ala- 
bama has  attained  a  population  of  one  hundred  thou- 
sand people,  or  more,  at  which  election  there  shall 
be  submitted  to  the  qualified  voters  of  such  city  the 

332686 


Cities  to 
which  act 
applies 


Special  elec- 
tion to  be 
held 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Notice  of 
Election 


Separate 
ballots 


Result  to  be 
declared 


Election  of 
two  commis- 
sioners 


Term  of 
office 


proposition  whether  or  not  such  city  shall  be  organized 
under  and  be  governed  by  the  provisions  of  this  act. 
The  ballot  to  be  used  in  such  election  shall  be  in  sub- 
stantially the  following  form :  Special  election.  Mon- 
day, October  19.     Shall  the  city  of 

become  organized  under,  and  be  governed  by  the  pro- 
visions of  an  act  of  the  Legislature  of  Alabama,  ap- 
proved (here  insert  the  date  of  the  approval  of  this 
act) ,  providing  for  a  board  of  five  commissioners  hav- 
ing the  powers,  authority,  and  receiving  the  compen- 
sation provided  in  this  act?  Make  a  cross  mark 
before  or  after  the  proposition  you  vote  for.  Yes: 
No :  The  election  commission  shall  give  not  less  than 
two  weeks  notice  of  the  time  and  place  or  places  of 
holding  such  election,  by  publication  in  a  newspaper 
published  in  such  city,  and  shall  appoint  all  managers, 
clerks,  and  returning  or  other  officers  of  such  election, 
and  shall  perform  all  other  duties  with  reference  to 
said  election  required  of  them  by  law  with  reference 
to  the  holding  of  special  or  general  elections  in  such 
city  and  the  question  of  the  adoption  of  the  provisions 
of  this  act  may  be  submitted  by  said  election  com- 
mission on  the  same  day  on  which  there  may  be  held 
any  general  or  special  municipal  election,  and  in  that 
event  there  shall  be  only  one  set  of  election  officers,  and 
clerks,  but  each  question  submitted  to  the  voters  shall 
be  on  a  separate  ballot,  and  separate  certificates  shall 
be  made  of  the  results  of  such  election. 

Sec.  3.  If  at  any  election  held  under  the  provis- 
ions of  this  act  to  submit  to  the  qualified  voters  of 
any  city  having  a  population  of  one  hundred  thou- 
sand people,  or  more,  whether  or  not  they  will  elect 
to  become  organized  under  and  be  governed  by  the 
provisions  of  this  act,  such  proposition  is  decided  in 
the  affirmative  by  a  majority  vote  of  those  who  vote 
in  such  election,  the  election  commission  shall  certify 
the  result  of  such  election  to  the  governing  body  of 
the  municipality,  and  such  certificate  shall  be  record- 
ed on  the  minutes  of  such  commission. 

Sec.  4.  Thereafter  the  election  commission  of  such 
city  shall  call  and  hold  a  special  election  in  such  city, 
and  if  such  city  is  already  organized  under  a  commis- 
sion form  of  government  having  three  commissioners, 
there  shall  be  elected  at  such  election,  two  additional 
commissioners  for  such  city,  who  shall  hold  office  and 
act  as  such  commissioners,  with  all  the  powers  and 
duties  pertaining  to  the  office,  for  the  time  provided 
by  this  act.  And  in  the  event  any  such  election  shall 
be  called  in  any  city  which  has  not  now  but  which 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


may  hereafter  have  a  population  of  one  hundred  thou- 
sand, or  more,  and  which  is  not  then  under  a  commis- 
sion form  of  government,  there  shall  be  elected  at  the 
election  provided  for  in  this  section  five  commissioners 
for  such  city,  who  shall  be  the  governing  body  for  such 
city,  if  this  act  is  approved  and  adopted  by  the  voters 
of  such  city,  and  such  commissioners  shall  serve  from 
the  date  of  election  to  the  next  quadrennial  period  for 
such  elections,  counting  such  quadrennial  periods  as 
beginning  the  first  Monday  in  November,  1917.  Such 
election  shall  be  held  under  the  general  election  laws 
applicable  to  such  cities,  and  shall  be  held  at  the  sev- 
eral voting  places  in  such  city,  or  cities,  on  the  first 
Monday  in  December  following  the  adoption  of  the 
provisions  of  this  act  by  the  voters  of  such  city  or 
cities  at  the  election  held  on  the  second  Monday  in 
October.  The  election  commission  shall  canvas  the 
votes  cast  in  said  election  so  held  on  the  first  Monday 
in  December,  on  the  day  following  such  election  or  as 
soon  thereafter  as  practicable,  and  shall  give  a  cer- 
tificate of  election  to  the  two,  or  the  five  candidates, 
as  the  case  may  be,  who  receive  a  majority  of  all  the 
votes  cast  in  said  election.  Each  voter  shall  be  enti- 
tled to  vote  for  two,  or  five  candidates,  depending  upon 
the  number  of  commissioners  to  be  elected.  Said  cer- 
tificate of  election  shall  entitle  the  holder  to  act  as  com- 
missioner of  said  city  from  the  date  of  such  certificate, 
for  the  term  of  which  they  were  elected,  and  such  cer- 
tificate shall  be  recorded  on  the  minutes  of  such  com- 
mission. The  commissioners  so  elected  shall  have 
all  the  powers  conferred,  upon  them  by  law  and  by  the 
terms  of  this  act,  and  they  shall  receive  the  compensa- 
tion hereinafter  provided.  At  any  election  held  under 
the  provisions  of  this  act,  at  which  commissioners  are 
elected,  the  candidates  receiving  the  highest  number 
of  votes  for  the  respective  offices  for  which  they  are 
candidates,  shall  be  elected  thereto,  provided  he  re- 
ceives a  majority  of  all  votes  cast  for  such  office. 
If  at  the  first  election,  a  majority  is  not  received  by 
any  or  by  an  insufficient  number  of  candidates  to  fill 
the  offices  voted  for  at  such  election,  then  a  second 
election  shall  be  held  on  the  same  day,  one  week  later, 
when  the  name  of  the  candidates  receiving  the  highest 
number  of  votes  for  president,  or  commissioner,  shall 
be  placed  on  the  ballot,  provided  they  were  not  elected 
at  the  first  election ;  the  number  of  the  names  so  placed 
upon  the  ballot  to  be  equal  to  twice  the  number  of  of- 
fices to  be  filled,  provided  such  number  were  candi- 


Election 
governed   by 
general   elec- 
tion laws 


Canvass 
returns 


Certificate 
of  election 


Powers 


Must  re- 
ceive major- 
ity of  votes 
cast 


Second 
election 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


President 


Term 


Terms   of 
Commis- 
sioners 


Election  of 
Commis- 
sioners 


dates  in  the  first  election,  and  the  candidate  or  candi- 
dates receiving  the  highest  number  of  votes  for  said 
offices  at  the  second  election,  shall  be  elected  to  the 
office  of  president,  or  commissioner,  as  the  case 
may  be. 

Sec.  5.  In  the  event  the  qualified  voters  in  any  city 
in  this  State  now  having  a  population  of  one  hundred 
thousand,  or  more,  shall  elect  to  be  organized  under, 
and  be  governed  by  the  terms  of  this  act,  the  president 
of  the  board  of  commissioners  of  all  cities,  the  govern- 
ment of  which  is  conducted  under  the  provisions  of  an 
act  of  the  Legislature,  approved  March  31st,  1911, 
shall  be  president  of  the  commission  created  by  this 
act,  and  he  shall  hold  office  until  the  first  Monday  in 
November,  1917,  and  the  commissioner  of  all  cities, 
the  government  of  which  is  provided  for  by  said  act, 
and  who  was  elected  in  1914  to  serve  for  a  term  of 
three  years,  shall  be  commissioner  under  this  act,  and 
his  term  of  office  shall  expire  on  the  first  Monday  in 
November,  1917;  the  successor  to  the  commissioner 
of  such  cities,  whose  term  of  office  expires  on  the  first 
Monday  in  November,  1915,  shall  be  elected  at  the  gen- 
eral election  to  be  held  in  such  cities  on  the  second 
Monday  in  October,  1915,  and  he  shall  serve  for  a  peri- 
od of  two  years  from  the  first  Monday  in  November, 
1915,  and  until  such  successor  is  elected  and  qualified, 
if  this  act  shall  be  adopted  as  the  form  of  govern- 
ment of  such  cities,  otherwise  his  term  of  office  shall 
remain  as  provided  by  the  terms  of  the  act  approved 
March  31st,  1911.  If  at  the  election  to  be  held  on  the 
second  Monday  in  October,  1915,  in  those  cities  which 
are  now  organized  under  and  governed  by  the  terms 
of  the  act  approved  March  31st,  1911,  a  majority  of 
the  qualified  voters  of  such  city,  voting  in  such  elec- 
tion, elect  to  be  organized  under  and  be  governed  by 
the  terms  of  this  act,  then  the  commissioners  who  shall 
be  elected  on  the  first  Monday  in  December ,  shall 
serve  as  such  commissioners  for  a  term  beginning 
on  the  first  Tuesday  in  December,  1915,  and  ending 
on  the  first  Monday  in  November,  1917,  and  until 
their  successors  are  elected  and  qualified.  On  the 
second  Monday  in  October,  1917,  and  every  four  years 
thereafter,  there  shall  be  elected  a  president  of  said 
commission,  and  four  other  commissioners,  who  shall 
assume  the  duties  of  the  office  to  which  they  are  elect- 
ed, on  the  first  Monday  in  November,  1917,  and  their 
term  of  office  shall  continue  for  a  period  of  four  years, 
and  until  their  successors  are  elected  and  qualified. 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Sec.  6.  The  president  and  commissioners  herein- 
before provided  for,  shall  be  known  as  the  "commis- 
sion of  the  city  of "  (the  name  of  such 

city  to  be  inserted)  and  such  commission  shall  have 
and  exercise  the  powers  and  perform  the  duties  in 
this  act  provided,  and  in  addition  thereto  the  said  com- 
mission shall  have  and  exercise  all  the  powers  and 
duties  granted  to  or  imposed  upon  municipal  corpo- 
rations by  the  general  laws  of  the  State  of  Alabama. 
Each  of  the  commissioners,  the  selection  and  election 
of  which  is  provided  for  by  this  act,  shall  before  enter- 
ing upon  their  duties,  take  the  oath  of  office  as  provid- 
ed by  the  constitution  of  the  State  of  Alabama,  and 
the  said  commissioners  shall  also  take  oath  that  they 
are  qualified  commissioners  under  the  terms  of  this 
act.  Said  board  of  commissioners  shall  not  have, 
possess  or  exercise  any  legislative,  executive  or  judi- 
cial or  administrative  powers  of  the  State  or  county, 
nor  shall  the  offices  held  by  them  be  State  offices ;  pro- 
vided, however,  that  the  office  of  commissioner,  the 
term  of  which  under  the  provisions  of  this  act  expires 
on  the  first  Monday  in  November,  1915,  is  and  shall 
be  a  judicial  office,  and  the  commissioner  appointed 
thereto,  and  hereafter  elected  thereto,  is  clothed  with 
full  and  ample  power  to  administer  justice  under  the 
ordinances  of  said  city  only,  and  to  administer  judi- 
cially the  ordinances  of  said  city  only,  and  the  legisla- 
tive and  Executive  powers  herein  above  conferred 
upon  the  commissioner  whose  term  of  office  expires 
as  aforesaid,  shall  be  an  incident  merely  to  said  judi- 
cial office,  and  shall  be  confined  only  to  municipal 
matters. 

Sec.  7.  The  commissioners  herein  provided  for 
when  sitting  as  a  body  and  acting  in  their  official  capa- 
city, shall  be  known  as  the  "commission"  of  said  city, 
as  hereinbefore  provided,  and  they  shall  have,  pos- 
sess, and  exercise,  for,  in  the  name  of,  and  in  behalf 
of  said  city,  all  the  municipal  powers,  legislative,  ex- 
ecutive and  judicial,  which  are  possessed  and  exercised 
by  the  former  governing  bodies  of  such  municipality 
as  prescribed  by  the  charter  thereof,  and  all  other  gen- 
eral acts  relating  to  the  government  of  such  city,  and 
also  all  the  powers  which  may  have  been  granted  to 
or  exercised  by  any  board  or  commission  of  any  kind 
heretofore  created  by  the  Legislature  of  the  State  of 
Alabama,  shared  with  any  duties  in  connection  with 
the  government  of  such  city,  except  as  the  same  have 
been  modified  or  repealed  by  the  general  laws  of  the 
State  of  Alabama,  or  by  the  provisions  of  this  act,  and 


Name  of 
board 


Powers,  etc. 
of  commis- 
sioners 


Oath  of  com- 
missioners 


Known  as  the 
"commis- 
sion" 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Initiative 


Petition   on 

proposed 

ordinance 


File   petition 
with  clerk 


all  such  boards,  commissions  and  officers  of  such  for- 
mer boards  and  commissions,  shall  and  the  same  are 
hereby  abolished;  and  the  terms  of  office  of  any  and 
all  such  officers  or  officials  shall  cease  upon  the  passage 
and  approval  of  this  act,  provided,  however,  that  noth- 
ing herein  contained  shall  be  construed  to  repeal  any 
law  creating  a  board  of  education  for  such  cities,  and 
prescribing  the  duties  of  such  board,  except  that  the 
president  of  the  commission  created  by  this  act,  shall 
by  virtue  of  his  office  be  the  chairman  of  such  board 
of  education. 

Sec.  8.  Any  proposed  ordinance  may  be  submitted 
to  the  board  of  commissioners  by  petition  signed  by 
at  least  fifteen  hundred  (1,500)  qualified  electors  of 
the  city.  All  petitions,  circulated  with  respect  to  any 
proposed  ordinance,  shall  be  uniform  in  character  and 
shall  contain  the  proposed  ordinances  in  full,  and 
have  printed  thereon  the  names  and  addresses  of  at 
least  five  electors  who  shall  be  officially  regarded  as 
filing  the  petition  and  shall  constitute  a  committee 
of  the  petitioners  for  the  purpose  hereinafter  named. 
Each  signer  of  a  petition  shall  sign  his  name  and  shall 
have  placed  on  the  petition  after  his  name  his  place 
of  residence  by  street  and  number,  if  there 
be  such  street  and  number.  The  signatures  to 
any  such  petition  need  not  all  be  appended  to  one 
paper,  but  to  each  such  paper  there  shall  be  attached 
an  affidavit  by  the  circulator  thereof  stating  the  num- 
ber of  signers  to  such  part  of  the  petition  and  that 
each  signature  appended  to  the  paper  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be, 
and  was  made  in  the  presence  of  the  affiant.  All  pa- 
pers comprising  a  petition  shall  be  assembled  and  filed 
with  the  clerk  or  secretary  of  the  board  of  commission- 
ers, or  the  secretary  of  said  board,  as  one  instrument. 
Within  seven  (7)  days  from  the  filing  of  a  petition 
the  clerk  or  secretary  shall  ascertain  whether  it  is 
signed  by  the  required  number  of  qualified  electors. 
Upon  the  completion  of  his  examination  the  clerk  or 
secretary  shall  endorse  upon  the  petition  a  certificate 
of  the  result  thereof.  If  the  clerk  or  secretary's  cer- 
tificate shows  that  the  petition  is  insufficient,  he  shall 
at  once  notify  each  member  of  the  committee  of  the 
petitioners  hereinbefore  provided  for,  and  the  peti- 
tion may  be  amended  at  any  time  within  ten  (10)  days 
from  the  date  of  the  clerk  or  secretary's  certificate 
of  examination,  by  filing  with  the  clerk  an  additional 
petition  in  the  same  mannei-  as  provided  for  the  origi- 
nal petition.     Upon  the  filing  of  such  amendment  the 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


clerk  or  secretary  shall,  within  ten  days  thereafter, 
examine  the  amended  petition  and  attach  thereto  his 
certificate  of  the  result.  If  still  insufficient,  or  if  no 
amendment  shall  have  been  filed,  the  clerk  or  secretary 
shall  file  the  petition  in  his  office  and  shall  notify  each 
member  of  the  committee  of  that  fact.  The  final  find- 
ing of  the  insufficiency  of  a  petition  shall  not  preju- 
dice the  filing  of  a  new  petition  for  the  same  purpose. 
When  the  certificate  of  the  clerk  or  secretary  shows 
the  petition  to  be  sufficient,  he  shall  submit  the  pro- 
posed ordinance  to  the  board  of  commissioners  at 
its  next  regular  meeting.  Such  board  shall  either, 
(a)  pass  and  adopt  said  ordinance  without  alteration 
within  twenty  days  after  attachment  of  the  clerk's 
or  secretary's  certificate  to  the  accompanying  peti- 
tion, or,  (b)  forthwith,  after  the  clerk  shall  have  at- 
tached to  the  petition  accompanying  such  ordinance, 
his  certificate  of  sufficiency,  the  board  shall  transmit 
the  papers  and  petition  to  the  election  commission, 
which  shall  call  a  special  election,  unless  a  general 
municipal  election  is  fixed  within  twenty  days  there- 
after, and  at  such  special  or  general  election,  if  one  is 
so  fixed,  such  ordinance  shall  be  submitted  without 
alteration,  to  the  vote  of  the  electors  of  said  city. 
But  if  the  petition  is  signed  by  not  less  than  one  thou- 
sand nor  more  than  fifteen  hundred  qualified  electors, 
as  above  defined,  then  the  board  shall  within  twenty 
days  pass  and  adopt  said  ordinance  without  change, 
or  the  same  shall  be  submitted  at  the  next  general 
city  election,  occurring  not  more  than  thirty  days  after 
the  clerk  or  secretary's  certificate  of  sufficiency  is 
attached  to  said  petition.  The  ballots  used  when  vot- 
ing upon  said  ordinance  shall  contain  these  words, 
"For  the  ordinance"  (stating  the  nature  of  the  propos- 
ed ordinance),  and  "Against  the  ordinance,"  (stating 
the  nature  of  the  proposed  ordinance),  and  the  voter 
shall  express  his  choice  by  a  cross  mark.  If  the  ma- 
jority of  the  qualified  electors  voting  on  the  proposed 
ordinance  shall  vote  in  favor  thereof,  such  ordinance 
shall  thereupon  become  a  valid  and  binding  ordinance 
of  the  city;  and  any  ordinance  proposed  by  petition, 
or  which  shall  be  adopted  by  vote  of  the  people,  can- 
not be  repealed  or  amended  except  by  a  vote  of  the 
people.  Any  number  of  proposed  ordinances  may  be 
voted  upon  at  the  same  election,  in  accordance  with 
the  provisions  of  this  section,  but  there  shall  not  be 
more  than  one  special  election  in  any  period  of  six 
months  for  such  purpose.  A  proposal  for  the  repeal 
of  such  ordinance  or  for  amendments  thereto  may  be 


Submit   peti- 
tion  to   board 


Regulations 
as  to  elec- 
tions 


10 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Proposed 
ordinance 
must  be 
published 


Former 
rights  and 
obligations 
to  continue 


Commission 
of  five  mem- 
bers 


submitted  to  be  voted  upon  at  any  succeeding  general 
election,  and  should  such  proposition  so  submitted  re- 
ceive a  majority  of  the  votes  cast  thereon  at  such  elec- 
tion, fiuch  ordinance  shall  thereby  be  repealed!  or 
amended  accordingly.  Whenever  any  ordinance  or 
proposal  is  required  by  this  section  to  be  submitted 
to  the  voters  of  the  city  at  any  election,  such  ordinance 
or  proposal  shall  be  published  in  the  same  manner  as 
referendum  ordinances  or  proposals  are  herein  requir- 
ed to  be  published.  The  election  to  be  held  under  this 
section  shall  be  in  accordance  with  general  election 
laws  governing  elections  in  such  city,  and  all  laws 
governing  elections  generally,  applicable  to  such  city, 
shall  be  applicable  to  elections  held  hereunder. 

Sec.  9.  That  all  cities  in  this  State  now  having  a 
population  of  one  hundred  thousand  or  more,  accord- 
ing to  the  present  Federal  census,  shall  continue  its 
/existence  as  a  body  corporate  under  the  name  of  "City 

of "   (inserting  the  name  of  said  city) 

and  such  city  shall  continue  to  be  subject  to  all  duties 
and  obligations  pertaining  to  or  incumbent  upon  it  as 
a  municipal  corporation  not  inconsistent  with  the  pro- 
visions of  this  act,  and  shall  continue  to  enjoy  all  the 
rights,  immunities,  powers,  privileges  and  franchises 
heretofore  enjoyed  by  it,  as  well  as  those  that  may 
hereafter  be  granted  to  it  not  inconsistent  with  the 
provisions  of  this  act.  All  laws  governing  such  city 
and  not  inconsistent  with  the  provisions  of  this  act, 
shall  apply  to  and  govern  said  city  after  it  shall  have 
become  organized  under  the  provisions  hereof.  All 
by-laws,  ordinances  and  resolutions  lawfully  passed 
and  in  force  in  any  such  city  under  its  former  organi- 
zation, not  inconsistent  with  the  provisions  of  this  act, 
shall  remain  in  force  until  altered  or  repealed.  The 
territorial  limits  of  such  city  shall  remain  the  same  as 
under  its  former  organization,  and  all  rights  and  prop-* 
erty  of  every  description  which  were  vested  in  it, 
shall  vest  in  it  under  the  organization  herein  provided 
for,  as  though  there  had  been  no  change  in  the  govern- 
ment of  said  city;  and  no  right  or  liability  either  in 
favor  of  it  or  against  it,  and  no  suit  or  prosecution  of 
any  kind  shall  be  affected  by  the  change  of  govern- 
ment herein  provided  for,  unless  otherwise  expressly 
provided  for  by  the  terms  of  this  act.  All  employees 
of  said  city  shall  continue  in  office  until  otherwise  pro- 
vided by  the  commission  for  said  city  created  by  this 
act. 

Sec.  10.     Every  city  organized  under  the  provis- 
ions of  this  act  shall  be  governed  and  managed  by  a 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


11 


commission  of  five  members,  the  selection  and  election 
of  which  are  provided  for  by  this  act.  Each  and  every 
officer  and  employee  of  said  city,  except  health  officer 
and  such  persons  as  may  be  employed  by  him  to  en- 
force quarantine,  shall  be  selected  and  employed  by  the 
commission,  or  under  its  direction,  and  all  salaries  and 
wages  paid  by  said  city,  except  as  herein  otherwise 
provided,  shall  be  fixed  by  said  commission,  provided 
that  no  subordinate  official  or  head  of  departments 
shall  receive  a  salary  exceeding  thirty-six  hundred 
dollars  ($3,600)  per  annum,  but  this  shall  not  pre- 
vent the  city  from  employing  legal  counsel  or  consult- 
ing engineers  at  a  higher  compensation,  when  in  the 
opinion  of  the  commission,  the  welfare  of  the  city  re- 
quires it.  The  commission  shall  prescribe,  and  may  at 
any  time  change  the  powers,  duties  and  titles  of  all 
subordinate  officers  and  employees  of  said  city,  except 
the  title  of  the  city  health  officer,  and  all  of  said  officers 
and  employees  shall  hold  office  and  be  removable  at  the 
pleasure  of  the  commission. 

Sec.  11.  The  powers  and  duties  in  such  cities  shall 
be  distributed  into  and  among  five  departments,  as 
follows:  1.  Department  of  general  administration, 
finances  and  accounts;  which  department  shall  be 
especially  charged  with  the  administration  of  all  legal 
affairs  of  the  city,  the  purchase  of  supplies,  the  col- 
lection of  taxes,  licenses  and  other  sources  of  income, 
the  expenditures  of  the  city,  the  management  of  its 
sinking  fund,  and  a  general  supervision  over  the  public 
affairs  of  the  city,  and  its  finances,  including  the  pay- 
ment of  interest  on  the  public  debt.  2.  Department 
of  public  improvements ;  which  department  shall  have 
special  supervision  of  all  public  improvements  in  such 
city,  including  the  improvement  and  maintenance  of 
streets  and  sidewalks,  the  building  of  viaducts,  the 
construction  of  sewers,  and  the  erection  of  all  public 
buildings.  3.  The  department  of  public  property  and 
public  utilities;  which  department  shall  have  super- 
vision over  the  management  and  maintenance  of  all 
public  buildings,  parks,  playgrounds  and  public  utili- 
ties, either  owned  and  operated  by  the  city  or  operated 
by  private  corporations  under  franchises  or  contracts 
with  the  city.  4.  Department  of  public  safety ;  which 
shall  have  supervision  over  the  fire  and  police  depart- 
ment, and  all  things  connected  therewith.  5.  The  de- 
partment of  public  health  and  education,  which  shall 
have  supervision  over  the  public  health  and  sanita- 
tion, and  all  matters  pertaining  thereto,  and  over  the 
public  schools,  public  library,  and  the  administration 


Salary  limit 
for  employees 


Five   depart- 
ments  de- 
scribed 


Commission^ 
er  for  each 
department 


12 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Duties  of 
president 


Health  laws 


iPublic   meet- 
ings  every 
Tuesday 


of  the  educational  system  of  the  city.  The  powers  and 
duties  pertaining  to  each  of  said  departments  shall 
be  fixed  by  the  commission  according  to  the  general 
plan  above  outlined,  and  one  member  of  said  commis- 
sion shall  be  assigned  to  the  head  of  each  such  depart- 
ments, and  shall  supervise  and  control  its  operation 
subject  to  the  authority  of  the  commission,  and  shall 
exercise  and  perform  the  powers  and  duties  prescrib- 
ed by  this  act,  and  such  additional  duties  as  may  be 
designated  by  the  said  commission,and  the  assignment 
may  be  changed  at  any  time  by  a  majority  of  said  com- 
mission. The  president  of  the  commission  shall  be  the 
general  executive  officer  of  the  city,and  shall  be  charg- 
ed with  the  general  supervision  and  direction  of  its  af- 
fairs ;each  commissioner  acting  as  the  head  of  the  de- 
partment to  which  he  is  assigned,  shall  give  his  entire 
time  to  the  duties  required  of  him  as  commissioner  ,and 
as  the  head  of  his  department  ;and  the  power  and  auth- 
ority of  such  commissioner  as  the  head  of  his  depart- 
ment shall  be  limited  to  the  execution  and  enforce- 
ment of  the  laws  and  ordinances  of  such  city  pertain- 
ing to  his  department,  and  the  administration  thereof, 
except  the  legislative  powers  which  said  commissioner 
shall  have  and  may  exercise  at  the  regular  or  special 
meetings  of  said  commission  sitting  as  a  legislative 
body.  The  commission  shall  establish  office  hours 
for  each  department,  and  all  employees  thereof,  shall 
be  present  during  such  hours  for  the  performance  of 
their  duties  therein.  Provided  that  health  and  quar- 
antine matters  shall  be  administered  in  accordance 
with  the  established  public  health  system  of  the  State, 
and  such  health  laws  as  are  now  in  force,  or  may  here- 
after be  enacted,  and  also  in  accordance  with  such  or- 
dinances as  are  now  in  force,  or  may  hereafter  be 
legally  enacted  by  said  commission. 

Sec.  12.  Said  commission  shall  hold  regular 
public  meetings  on  Tuesday  of  each  and  every 
week  at  a  regular  hour  to  be  fixed  by  the 
order  of  said  commission  from  time  to  time 
and  publicly  announced;  it  may  hold  such  ad- 
journed, called,  special  or  other  meetings  as  the  busi- 
ness of  the  city  may  require.  The  president  of  the 
commission,  when  present,  shall  preside  at  all  meet- 
ings of  said  commission.  The  members  of  the  com- 
mission shall  constitute  a  quorum  for  the  transaction 
of  any  and  every  business  which  comes  before  it,  and 
for  the  exercise  of  any  and  every  power  conferred 
upon  said  commission,  and  the  affirmative  vote  of 
three  members  of  said  commission  shall  be  necessary 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


13 


and  sufficient  for  the  passage  of  any  resolution,  by- 
law or  ordinance  or  the  transaction  of  any  business 
of  any  sort  by  the  said  commission,  or  the  exercise 
of  any  of  the  powers  conferred  upon  it  by  the  terms 
of  this  act,  or  which  may  hereafter  be  conferred  upon 
it,  except  that  the  vote  of  four  members  shall  be  re- 
quired to  pass  an  ordinance  or  resolution  over  the 
veto  of  the  president.  No  resolution,  by-law  or  ordi- 
nance granting  any  franchise,  appropriating  any 
money  for  any  purpose  providing  for  any  public  im- 
provements, enacting  any  regulation  concerning  the 
public  comfort,  the  public  safety  or  public  health,  or 
of  any  other  general  or  permanent  nature,  except  a 
proclamation  of  quarantine,  shall  be  enacted  except 
at  a  regular  public  meeting  of  said  board,  or  an  ad- 
journment thereof.  Every  ordinance  introduced  at 
any  and  every  such  meeting,  shall  be  in  writing  and 
read  before  any  vote  thereon  shall  be  taken,  and  the 
yeas  and  nay^  thereon  shall  be  recorded.  All  ordi- 
nances or  resolutions  shall  be  adopted  by  a  majority 
vote  of  the  commission.  All  ordinances  and  all  reso- 
lutions of  a  permanent  nature  after  having  been  adop- 
ted by  the  commission  shall  be  submitted  to  the  presi- 
dent, who  shall  if  he  approve  the  same,  signify  such 
approval  by  endorsement  on  such  ordinance  or  reso- 
lution within  five  days  after  the  same  shall  have  been 
submitted  to  him,  and  if  he  does  not  approve  the  same, 
he  shall  return  the  same  to  the  commission  with  his 
veto,  and  his  reasons  therefor  endorsed  thereon,  and 
such  resolution  or  ordinance  shall  not  thereafter  be- 
come effective,  unless  at  the  following  regular  meeting 
of  the  commission,  the  four  commissioners  of  such 
city  shall  vote  in  favor  of  the  passage  of  such  ordi- 
nance or  resolution,  notwithstanding  the  veto  of  the 
president.  A  record  of  the  proceedings  of  every 
meeting  of  the  commission  shall  be  kept  in  a  well- 
bound  book,  and  every  resolution  or  ordinance  pass- 
ed by  the  commission  must  be  recorded  in  such  book, 
and  the  record  of  the  proceedings  of  the  meeting  shall 
be  signed  by  the  president  of  the  commission,  or  by 
three  commissioners  before  action  shall  be  effective. 
Such  record  shall  be  kept  available  for  inspection  by 
all  citizens  of  such  city  at  all  reasonable  times.  No 
ordinance  of  permanent  operation  shall  be  passed  at 
the  meeting  at  which  it  was  introduced,  except  by 
unanimous  consent,  and  such  unanimous  consent  shall 
be  shown  by  the  aye  and  nay  vote  entered  upon  the 
minutes  of  such  meeting,  provided,  however,  that  if 
the  president  of  the  commission  and  all  the  commis- 
sioners vote  for  the  passage  of  the  ordinance,  and 


Proposed 
ordinances 
must  be   in 
writing 


Records 


14 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


President 
pro  tern 


Special   regu- 
lations On 
franchise 
ordinances 


Must  call 
election 


their  names  are  so  entered  of  record  as  voting  in  fa- 
vor thereof,  it  shall  be  construed  as  giving  uanimous 
consent  to  the  action  upon  such  ordinance  at  the  meet- 
ing at  which  it  is  introduced. 

Sec.  13.  At  the  first  meeting  of  the  commission- 
ers provided  for  by  this  act,  they  shall  designate  by  a 
majority  vote  one  of  their  number  as  president  pro 
tem,  who  shall  have  all  the  authority,  and  discharge 
all  duties,  that  devolve  upon  the  president  of  the  said 
commission  during  the  absence  of  the  president  on 
account  of  illness,  or  any  other  cause. 

Sec.  14.  No  resolution,  by-law  or  ordinance  grant- 
ing to  any  person,  firm  or  corporation  any  franchise, 
lease  or  right  to  use  the  streets,  public  highways,  thor- 
oughfares, or  public  property  of  any  city  organized 
under  the  provisions  of  this  act,  either  in,  under,  up- 
on, along,  through,  or  over  same  shall  take  effect  and 
be  enforced  until  thirty  days  after  the  final  enactment 
of  same  by  the  board  of  commissioners  and  publica- 
tion of  said  resolution,  by-law  or  ordinance  in  full 
once  a  week  for  three  consecutive  weeks  in  some  daily 
newspaper  published  in  said  city,  which  publication 
shall  be  made  at  the  expense  of  the  persons,  firm  or 
corporation  applying  for  said  grant.  Pending  the 
passage  of  any  such  resolution,  by-law  or  ordinance, 
or  during  the  time  intervening  between  its  final  pas- 
sage, and  the  expiration  of  the  thirty  days  during 
which  publication  shall  be  made  as  above  provid- 
ed, the  legally  qualified  voters  of  said  city  may, 
by  written  petition  or  petitions  addressed  to  said 
board  of  commissioners  object  to  such  grant,  and 
if  during  said  period  such  written  petition  or  pe- 
titions signed  by  at  least  a  thousand  legally  qual- 
ified voters  of  such  city  shall  be  filed  with  said 
board  of  commissioners,  said  board  shall  forth- 
with order  an  election,  which  shall  be  conducted  by 
the  election  commission  of  such  city,  at  which  election 
the  legally  qualified  voters  of  said  city  shall  vote  for 
or  against  the  proposed  grant  as  set  forth  in  the  said 
by-law,  resolution  or  ordinance.  In  the  call  for  said 
election,  the  said  resolution,  by-law,  or  ordinance  mak- 
ing such  grant  shall  be  published  at  length  and  in  full 
at  the  expense  of  the  city  in  at  least  two  newspapers 
published  in  said  city  by  one  publication.  If  at  such 
election  the  majority  of  the  votes  cast  shall  be  in  favor 
of  such  election  the  majority  of  the  votes  cast  shall 
be  in  favor  of  said  ordinance  and  the  making  of  said 
proposed  grant,  the  same  shall  thereupon  become  ef- 
fective ;  but  if  a  majority  of  the  votes  so  cast  shall  be 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


16 


agaist  the  passage  of  said  resolution,  by-laws  or  ordi- 
nance and  against  the  making  of  said  grant,  said  by- 
law, resolution  or  ordinance  shall  not  become  effective, 
nor  shall  it  confer  any  rights,  powers  or  privileges 
of  any  kind,  and  it  shall  be  the  duty  of  the  said  board 
of  commissioners  after  such  result  of  said  election 
shall  be  determined,  to  pass  resolution  or  ordinance 
to  that  effect.  No  grant  of  any  franchise  or  lease 
or  right  of  user,  or  any  other  right  in,  under,  upon, 
along,  through,  or  over  the  streets,  public  highways, 
thoroughfares  or  public  property  of  any  such  city, 
shall  be  made  or  given,  nor  shall  any  such  rights  of 
any  kind  whatever  be  conferred  upon  any  person,  firm 
or  corporation,  except  by  a  resolution  or  ordinance 
duty  passed  by  the  board  of  commissioners  at  some 
regular  or  adjourned  public  meeting  and  published  as 
above  provided  for  in  this  section;  nor  shall  any  ex- 
tension or  enlargement  of  any  such  rights  or  powers 
previously  granted  be  made  or  given  except  in  the 
manner  and  subject  to  all  the  conditions  herein  pro-  Exemptions 
vided  for  as  to  the  original  grant  of  same.  It  is  ex- 
pressly provided,  however,  that  the  provisions  of  this 
section  shall  not  apply  to  the  grant  of  sidetrack  or 
switching  privileges  to  any  railroad  or  street  car  com- 
pany for  the  purpose  of  reaching  and  affording  rail- 
way connections,  and  switch  privileges  to  the  owners 
or  users  of  any  industrial  plant,  store  or  warehouse; 
provided  further  that  said  side  track  or  switch  shall 
not  extend  for  a  greater  distance  than  one  thousand, 
three  hundred  and  twenty  (1,320)  feet.  Regulations 

Sec.  15.  In  every  city  which  shall  become  organ-  ^^  *°  candi- 
ized  according  to  the  provisions  of  this  act,  any  per- 
son  desiring  to  become  a  candidate  at  any  election 
for  the  office  of  president  of  the  commission,  or  com- 
missioner, may  become  such  candidate  by  filing  in  the 
office  of  the  judge  of  probate  of  the  county  in  which 
such  city  is  situated,  a  statement  in  writing  of  such 
candidacy,  accompanied  by  an  affidavit  taken  and  cer- 
tified by  such  judge  of  probate,  or  by  a  notary  public, 
that  such  person  is  duly  qualified  to  hold  the  office  for 
which  he  desires  to  be  a  candidate.  Such  statement 
shall  be  filed  at  least  twenty-one  days  before  the  day 
set  for  such  election,  and  shall  be  in  substantially  the 

following  form:     "State  of  Alabama    ( Form  of 

County),  I,  the  undersigned,  being  first  duly  sworn     statement 

depose  and  say  that  I  am  a  citizen  of  the  city  of 

in  said  State  and  county,  and  reside  at 

in  said  city;  that  I  desire  to  become  a  candi- 
date for  the  office  of in  said  city  for  the  term 


16  FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 

of years  at  the  election  for  said  office  to  be 

held  on  the day  of  October  next;  that  I  am 

duly  qualified  to  hold  said  office  if  elected  thereto,  and 
I  hereby  request  that  my  name  be  printed  upon  the 

official  ballot  at  said  election.     (Signed ; 

Subscribed  and  sworn  to  before  me  by  said 

on  this day  of 19 ,   and  filed  in 

this  office  for  record  on  said  day Judge  of 

Probate. 

Form  of  See.  16.     Said  statement  shall  be  accompanied  by 

petition  ^  petition  signed  by  at  least  two  hundred  persons,  who 

shall  be  qualified  to  vote  at  said  election,  requesting 
that  such  person  become  a  candidate  for  said  office  at 
said  election.  The  signers  to  said  petition  shall  set 
forth  their  names  in  full,  and  their  residence  address- 
es and  said  petition  shall  be  in  substantially  the  fol- 
lowing form:     "We,  the  undersigned,  duly  qualified 

electors  of  the  city  of and  residing  at  the 

places  set  opposite  our  respective  names,  do  hereby 

request  that  the  name  of be  placed  upon  the 

official  ballot  as  a  candidate  for  the  office  of 

in  said  city  for  the  term  of years  at  the 

election  to  be  held  in  this  city  on  the day 

of  October  next.     We  further  state  that  we  know  said 

to   possess   the   qualifications   necessary 

for  said  office  (and  to  be  in  our  judgment  a  fit  and 
proper  person  to  hold  said  office) .     Witness  our  hands 

on  this  the day  of 19 "     At 

every  such  election  all  ballots  to  be  used  by  voters 
shall  be  printed  and  prepared  by  the  election  commis- 
sion and  at  the  expense  of  said  city,  and  shall  contain 
the  names  of  all  candidates  placed  in  alphabetical  or- 
der directly  underneath  the  words  "For  president  of 
the  commission"  and  "For  commissioner"  as  the  case 
may  be.  No  name  shall  appear  upon  said  ballot  as  a 
candidate  for  election  except  the  names  of  such  per- 
sons as  have  become  candidates,  according  to  provis- 
ions as  above  set  forth ;  no  ballot  shall  be  used  at  any 
such  election  except  the  official  ballot  prepared  by  the 
election  commission. 


Age  limit 


Sec.  17.  The  president  and  other  commissioners 
provided  for  in  this  act  shall  be  twenty-five  years  of 
age  at  the  time  of  their  election,  and  shall  be  duly 
qualified  electors  of  such  city  and  they  shall  be  elected 
by  the  vote  of  the  legally  qualified  voters  thereof.  In 
case  any  person  after  he  shall  have  been  elected  and 
duly  qualified  as  president  of  the  commission,  or  com- 
missioner, shall  be  declared  ineligible  to  hold  such  of- 
fice, a  successor  shall  be  chosen,  as  in  the  case  of  va- 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


17 


cancy  caused  by  death,  resignation  or  any  other  cause. 

Sec.  18.  Every  person  who  shall  be  elected  or  ap- 
pointed to  the  office  of  president  of  the  commission, 
or  commissioner,  in  any  city  organized,  according  to 
the  provisions  of  this  act,  shall  on  or  before  the  first 
Monday  of  November  following  his  election,  or  on  or 
before  the  following  Monday  of  the  month  of  his  ap- 
pointment, qualify  by  making  oath  that  he  is  eligible 
for  said  office,  and  will  execute  the  duties  of  same,  ac- 
cording to  the  best  of  his  knowledge  and  ability.  Said 
oath  may  be  administered  by  any  person  authorized 
to  administer  an  oath  under  the  laws  of  Alabama. 

Sec.  19.  The  qualified  voters  of  any  city  organ- 
ized under  the  provisions  of  this  act,  may  at  any  time 
file  with  the  election  commission  of  such  city  at  any 
regular  meeting  thereof,  a  petition,  or  petitions  ask- 
ing for  the  resignation  of  the  president  of  the  com- 
mission, or  any  member  of  said  commission.  Such 
petition  shall  contain  a  general  statement  of  the 
grounds  upon  which  the  removal  of  said  officer  is  re- 
quested, and  each  signer  shall  add  after  his  signature, 
and  opposite  thereto,  his  residence  address.  In  case 
such  petitions  shall  be  signed  by  at  least  three  thous- 
and voters  duly  qualified  to  vote  for  successor  to  the 
officers  sought  to  be  recalled,  a  copy  thereof  shall  be 
delivered  to  the  city  commission  and  the  said  officer 
or  officers  shall  not,  on  or  before  the  next  regular 
meeting  of  said  board  resign  from  office,  then  said 
election  commission  shall  immediately  thereafter  or- 
der an  election  to  be  held  by  the  election  commission 
not  less  than  thirty  days,  nor  more  than  forty  days 
from  date  of  said  meeting,  at  which  election  a  succes- 
sor to  such  office  or  officers  to  hold  office  for  the  unex- 
pired term  shall  be  voted  for.  At  such  election,  the 
officer  or  officers  sought  to  be  recalled  from  office,  shall 
be  a  candidate,  and  his  or  their  name  shall  be  placed 
upon  the  official  ballot  without  any  affirmative  action 
on  the  part  of  such  officer  or  officers.  Notice  of  such 
election  shall  be  given  publication  once  a  week  for 
three  successive  weeks  in  some  newspaper  published 
in  said  city.  The  person  who  shall  be  elected  to  such 
office  or  offices,  shall  hold  the  same  for  the  unexpired 
term  thereof,  and  if  the  person  or  persons  so  elected 
be  the  incumbent  whose  removal  has  been  requested, 
then  he  or  they  shall  continue  in  office,  as  though  such 
petition  had  not  been  filed ,  or  'such  election  held. 
Should  no  candidate  at  such  election  receive  a  major- 
ity of  the  entire  votes  cast  under  the  provision  of  this 
section,  another  election  shall  be  held  on  the  same  day 


Oath  as  to 
eligibility 


The  recall 


To  fill  un- 
expired  term 


18 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Board  fills 
vacancies 


Salaries 
fixed 


Employees: 
how  selected 


of  the  following  week  for  such  office  or  offices,  at 
which  the  two  candidates  for  each  office  receiving  the 
highest  number  of  votes  for  said  office,  shall  be  voted 
for.  The  candidate  or  candidates  receiving  the  high- 
est number  of  votes  at  such  election  shall  be  declared 
elected.  Should  the  provisions  as  to  the  recall  of  com- 
missioners contained  in  this  act,  or  should  any  other 
section  or  provisions  thereof,  be  held  to  be  void  or  un- 
constitutional, it  shall  not  affect  or  destroy  the  valid- 
ity of  this  act,  or  of  any  other  section  or  provision 
hereof,  which  is  not  itself  void  or  unconstitutional. 

Sec.  20.  Whenever  any  vacancies  shall  occur  in 
the  office  of  president  of  the  commission,  or  other 
commissioner  of  any  city  organized  under  the  terms 
of  this  act,  then  a  successor  to  such  president  or  com- 
missioner shall  be  elected  by  the  remaining  members 
of  the  commission.  Every  person  who  shall  be  elect- 
ed to  fill  any  vacancy  under  the  provisions  of  this  sec- 
tion, or  any  other  section  of  this  act,  shall  qualify  for 
office  as  soon  as  practicable  after  the  result  of  such 
election  is  declared,  and  shall  be  clothed  with  the  du- 
ties and  responsibilities  and  powers  of  such  office  im- 
mediately upon  such  qualification,  and  he  shall  hold 
office  for  the  unexpired  term  of  his  predecessor. 

Sec.  21.  The  president  of  the  commission  of  all 
cities  organized  under  the  provisions  of  this  act,  shall 
receive  an  annual  salary  of  five  thousand  dollars,  pay- 
able in  monthly  installments  at  the  end  of  each  month, 
and  each  commissioner  of  cities  organized  under  the 
terms  of  this  act,  shall  receive  an  annual  salary  of 
four  thousand  dollars,  payable  in  monthly  install- 
ments at  the  end  of  each  month,  said  installments  to 
be  paid  at  the  same  rate  for  any  portion  of  the  month 
during  which  the  president  or  commissioner  shall 
hold  office  at  the  rate  thus  provided. 

Sec.  22.  The  employees  of  cities  organized  under 
this  act  shall  be  selected  by  the  commissioners  solely 
on  account  of  their  fitness  and  without  regard  to  their 
political  affiliations.  It  shall  be  unlawful  to  hold 
party  caucuses  or  primaries  for  the  purpose  of  nomi- 
nating any  employee  to  be  selected  by  such  commis- 
sioners, and  any  person  who  shall  solicit  or  accept  a 
party  nomination  for  any  office  to  be  filled  by  said 
commissioners,  shall  be  thereby  rendered  ineligible 
for  such  office,  or  for  any  other  office  under  said  city 
for  a  period  of  one'  year  thereafter. 

Sec.  23.  It  shall  be  unlawful  for  any  candidate 
for  office,  or  any  officer  in  such  city,  directly  or  indi- 
rectly, to  give  or  promise  any  person  or  persons,  any 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


19 


office,  position,  employment,  benefit  or  anything  of 
value,  for  the  purpose  of  influencing  or  obtaining  the 
political  support,  aid  or  vote  of  any  person  or  persons. 
Every  commissioner  elected  by  popular  vote  in  any 
such  city,  shall  within  thirty  days  after  qualifying, 
file  with  the  judge  of  probate  of  the  county,  and  the 
same  shall  be  published  at  least  once  in  a  newspaper 
of  general  circulation  in  such  city,  his  sworn  itemized 
statement  of  all  his  election  and  campaign  expenses, 
and  by  whom  such  funds  were  contributed.  Any  vio- 
lation of  the  provisions  of  this  section  shall  be  a  mis- 
demeanor, punishable  by  a  fine  of  not  more  than  three 
hundred  dollars,  and  be  a  ground  for  removal  from 
office. 

Sec.  24.  No  officer  or  employee  elected  or  appoint- 
ed in  any  such  city  shall  be  interested,  directly  or  in- 
directly, in  any  contract  for  work  or  material,  or  the 
profits  thereof,  or  services  to  be  furnished  or  perform- 
ed for  the  city,  and  no  such  officer  or  employee  shall  be 
interested  directly  or  indirectly,  in  any  contract  for 
work  or  material,  or  the  profits  thereof,  or  services 
to  be  furnished  or  performed  for  any  person,  firm  or 
corporation  operating  interurban  railway,  street  rail- 
way, gas  works,  electric  light  or  power  plant,  heating 
plant,  telegraph  line  or  telephone  exchange  within  the 
territorial  limits  of  said  city.  No  such  commissioner 
or  other  official  of  such  city  shall  be  interested  in  or 
or  any  employee  or  attorney  of  any  corporation  oper- 
ating any  public  service  utility  within  said  city.  No 
such  officer  or  employee  shall  accept  or  receive  direct- 
ly or  indirectly  from  any  person,  firm  or  corporation 
operating  within  the  territorial  limits  of  said  city 
any  interurban  railway,  railway,  street  railway, 
gas  works,  water  works,  electric  light  or  power  plant, 
heating  plant,,  telegraph  line,  or  telephone  exchange, 
or  other  business  using  or  operating  under  a  public 
franchise,  any  frank,  free  pass,  free  ticket  or  free  ser- 
vice, or  accept  or  receive,  directly  or  indirectly,  from 
any  such  person,  firm  or  corporation,  any  gift  or  oth- 
er thing  of  value,  or  any  service  upon  terms  more  fa- 
vorable than  are  granted  to  the  public  generally.  Any 
violation  of  the  provisions  of  this  section  shall  be  a 
misdemeanor,  and  upon  conviction  thereof,  the  guilty 
person  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  three  hundred  dollars,  and. 
may  be  imprisoned  in  the  county  jail  for  not  more 
than  ninety  days.  Every  such  contract  or  agreement 
shall  be  void.  Such  prohibition  of  free  transporta- 
tion shall  not  apply  to  policeman  or  fireman  in  uni- 
form, nor  to  policemen  in  the  discharge  of  their  duty ; 


Statement 
of  campaign 
expenses 


Cities  con- 
tracts:  com- 
missioners 
not  inter- 
ested 


20 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Politics: 
city   employ- 
ees  restrained 


Proceedings 
must  be 
printed 


Books  to  be 
audited 


Penalties 
for  offering 
bribe 


nor  shall  any  free  service  to  city  officials  heretofore 
provided  by  any  franchise  or  ordinance  be  affected  by 
this  section.  Any  officer  or  employee  of  such  city, 
who,  by  solicitation,  or  otherwise,  shall  exert  his  in- 
fluence, directly  or  indirectly,  to  influence  other  offi- 
cers or  employees  of  such  city  to  favor  any  particu- 
lar person  or  candidate  for  office  as  president  of 
the  commission,  or  commissioner  of  said  city,  or  who 
shall  in  any  manner  contribute  money,  labor  or  other 
valuable  thing  to  aid  in  the  election  of  any  person  as 
president  of  the  commissioner,  or  commissioner  of 
said  city,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  punished  by  a  fine  not  exceeding 
three  hundred  dollars,  and  may  also  be  imprisoned  in 
the  county  jail  for  a  term  not  exceeding  thirty  days. 

Sec.  25.  The  commission  shall  each  month  print 
in  pamphlet  form  a  detailed  statement  of  all  receipts 
and  expenses  of  the  city,  and  a  summary  of  its  pro- 
ceedings during  the  preceding  month,  and  furnish 
printed  copies  thereof  to  the  daily  newspapers  of  the 
city  and  to  persons  who  apply  therefor.  At  the  end 
of  each  year,  the  commission  shall  cause  a  full  and 
complete  examination  of  all  the  books  and  accounts  of 
the  city  to  be  made  by  competent  accountants,  and 
shall  publish  the  result  of  such  examination  in  the 
manner  above  provided  for  publication  of  statements 
of  monthly  expenditures.  And  the  Governor  is  auth- 
orized at  any  time  to  have  all  the  books  and  accounts 
of  such  city  examined  by  a  State  examiner  of  public 
accounts,  the  cost  of  such  examination  to  be  paid  by 
such  city  upon  the  presentation  to  the  president  of  the 
commission  of  such  city,  of  a  duly  verified  statement 
of  such  expenses  made  by  such  examiner  of  public  ac- 
counts, approved  by  the  Governor. 

Sec.  26.  Any  person  offering  to  give  a  bribe  eith- 
er in  money  or  other  consideration  to  any  voter  for 
the  purpose  of  influencing  his  vote  at  any  election  pro- 
vided in  this  act,  or  any  voter  entitled  to  vote  at  any 
such  election,  receiving  and  accepting  such  bribe  or 
other  consideration,  any  person  making  false  answer 
to  any  of  the  provisions  of  this  act,  relative  to  his 
qualifications  to  vote  at  said  election,  any  person  wil- 
fully voting  or  offering  to  vote  at  any  such  election 
who  has  not  been  a  resident  of  this  State  for  two 
years  next  preceding  said  election,  or  who  is  not  twen- 
ty-one years  of  age,  or  is  not  a  citizen  of  the  United 
States,  or  knowing  himself  not  to  be  qualified  voter 
of  such  precinct  where  he  offers  to  vote,  any  person 
knowingly  procuring,  aiding  or  abetting  any  violation 


FI\TE  COMMISSIONERS  FORM  OF  GOVERNMENT 


21 


hereof  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  a  sum  not  less  than  one 
hundred  dollars  nor  more  than  five  hundred  dollars, 
and  may  be  imprisoned  in  the  county  jail  for  not  less 
than  ten  nor  more  than  ninety  days. 

Sec.  27.  Any  employee  of  such  city  who  solicits 
support  for  any  candidate  for  commissioner,  or  any 
such  employee  who  shall  endeavor  to  influence  any 
voter  to  vote  for  or  against  any  candidate  for  commis- 
sioner, shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  shall  not  be  fined  less  than  ten  nor  more 
than  fifty  dollars,  and  may  also  be  imprisoned  in  the 
county  jail  for  not  more  than  ten  days.  Justices  of 
the  peace  and  judges  of  the  inferior  courts  shall  with- 
in their  respective  territories,  have  jurisdiction  of 
this  offense. 

Sec.  28.  All  general  laws  of  this  State  regulating 
and  prescribing  the  conduct  of  municipal  elections 
and  the  qualifications  and  registration  of  voters  there- 
at, shall  apply  to  elections  hereunder,  except  so  far  as 
expressly  modified  herein. 

Sec.  29.  The  judge  of  the  probate  court  of  the 
county  in  which  are  located  the  cities  covered  by  this 
act,  shall  record  in  a  well-bound  book  kept  for  that 
purpose,  all  papers  required  to  be  filed  with  him  under 
the  terms  of  this  act,  and  shall  receive  therefor  the 
compensation  allowed  by  law  for  recording -deeds. 

Sec.  30.  It  shall  be  unlawful  for  any  candidate 
for  commissioner,  or  for  president  of  the  commission, 
or  for  any  other  person  in  his  behalf,  to  hire  or  pay, 
or  agree  to  pay,  any  person  to  solicit  any  votes  at  the 
polls  in  election,  and  unlawful  for  any  person  to  ac- 
cept such  hire  or  make  such  contract  for  pay,  to  soli- 
cit votes  for  the  president  of  the  commission,  or  other 
commissioner;  any  person  violating  this  section  shall 
be  guilty  of  a  misdemeaner,  and  may  be  punished  by 
fine  not  to  exceed  five  hundred  dollars  for  each  ofl^ense, 
and  the  candidate  violating  this  section  shall  thereby  be 
disqualified  for  and  rendered  ineligible  for  the  office 
sought. 

Sec.  31.  No  candidate  for  the  office  of  president 
of  the  commission,  or  other  commissioner  can  lawful- 
ly expend  more  than  one  thousand  dollars  of  his  own 
funds,  and  the  funds  contributed  by  others,  in  aiding 
his  candidacy  in  any  one  election,  a  run-off  to  be  treat- 
ed as  a  separate  election.  Any  person  violating  the 
provisions  of  this  section  shall  thereby  be  disqualified 
for  holding  said  office,  if  successful,  and  his  election 
may  be  contested  on  that  ground. 


All  general 
laws    to   apply 


Papers 
recorderi 


Paid   solici- 
tors   prohib- 
ited 


Election 
exfienses 
limited 


22 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT 


Petitions : 
who  shall 
sign 


Petition : 
probate    judge 
shall   certify 


Vacancies : 
how  filled 


Sec.  32.  The  petitions  provided  by  this  act  may 
be  by  a  number  of  separate  instruments  as  well  as  by 
one  instrument.  No  person  but  a  qualified  voter 
shall  sign  any  petition  provided  for  by  this  act.  And 
no  person  shall  sign  the  name  of  another  to  any  such 
petition  whether  with  or  without  authority ;  and  no  per- 
son shall  sign  more  than  one  separate  instrument  as 
a  petition  for  any  single  purpose  herein  provided. 
Any  violation  of  the  foregoing  provisions  of  this  sec- 
tion shall  constitute  a  misdemeanor  by  a  fine  not  to 
exceed  three  hundred  dollars.  No  qualified  voter  who 
has  signed  any  petition  provided  for  herein  can  with- 
draw his  signature.  All  petitions  provided  for  herein 
must  bear  the  certificate  of  the  judge  of  probate  of 
the  county  in  which  such  city  is  situated,  that  it  has 
the  number  of  signatures  required  by  law  of  qualified 
voters,  and  it  shall  be  the  duty  of  said  probate  judge 
to  hear  and  determine  all  questions  as  to  the  genuine- 
ness of  signatures  and  the  qualifications  of  voters 
signing  such  petition  before  giving  such  certificate; 
and  such  certificate  of  the  probate  judge  shall  be  final 
and  conclusive.  Should  said  probate  judge  decide 
that  any  such  petition  was  not  signed  by  the  required 
number  of  qualified  voters,  it  shall  be  his  duty  to  re- 
turn said  petition  with  the  written  statement  of  the 
details  of  its  insufficiency  to  the  persons  presenting 
such  petition,  and  such  persons  shall  have  ten  days 
thereafter  to  have  said  petition  signed  as  required  by 
law,  at  the  end  of  which  time  they  shall  again  present 
such  petition  to  the  probate  judge  for  re-examination. 
For  his  services  in  passing  on  any  such  petition,  the 
probate  judge  shall  receive  from  the  person  present- 
ing such  petition  for  his  examination  the  cost  of  the 
clerical  work  incident  thereto,  and  twenty  per  cent,  of 
such  amount.  Security  for  the  payment  of  such  costs 
must  be  given  at  the  time  of  the  presentation  of  such 
petition. 

Sec.  34.  Should  vacancies  exist  simultaneously 
from  any  cause  hereinbefore  provided  for  in  three 
commissionerships  so  as  to  leave  no  quorum  of  said 
board  to  fill  the  same,  an  election  to  fill  said  vacancies 
shall  be  called  by  the  election  commission  to  be  held 
not  less  than  than  twenty  days  nor  more  than  thirty 
days  from  the  occurrence  of  the  second  vacancy.  No- 
tice of  said  election  and  of  the  time  of  holding  same 
shall  be  given  by  one  publication  at  least  fifteen  days 
in  advance  of  the  same  in  two  or  more  newspapers 
published  in  said  city  at  the  expense  of  said  city.     The 


FIVE  COMMISSIONERS  FORM  OF  GOVERNMENT  23 

commissioners  chosen  at  said  election  shall  qualify  as 
speedily  as  possible  thereafter. 

Sec.  35.  This  act  shall  become  operative  upon  the 
passage  of  this  act,  and  its  approval  by  the  Governor. 

Sec.  36.  That  all  laws  and  parts  of  laws,  local, 
general  or  special  in  conflict  with  the  provisions  of 
this  act,  be  and  the  same  are  hereby  repealed. 

Approved  September  25,  1915. 


UNIVERSITY 


BERKELEY 


LIlrlRARr 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 

STAMPED  BELOW 

Books  not  returned  on  time  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  increasing 
to  $1.00  per  volume  after  the  sixth  day.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  of  loan  period. 


f0  ^ 
LIBRARY  USE 

JtJN27t96 


m  2. 7  B61 


i 


50m-7.'16 


352686 


UNIVERSITY  OF  CAUFORNIA  UBRARY 


